DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-15 presented via Preliminary Amendment are pending. Claims 1-9 are subject to examination in this Office action. Claims 10-15 are withdrawn (non-elected).
Election/Restrictions
Applicant’s election with traverse of Group I (claims 1-9) in the reply filed on 6 January 2026 is acknowledged. In traversing the restriction requirement, Applicant asserts in conclusory fashion that searching all of the inventions together would not impose a serious burden on the examiner. This assertion is not found persuasive because Applicant did not suggest a field of search that would encompass all of the groups, and furthermore, Applicant did not specifically challenge the Examiner’s finding that the identified groups lack unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 20 February 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Independent claim 1, as presently drafted, is directed to a climbing crane. However, the body of the claim, and many of the dependent claims, appear to be focused on defining structure of a wind turbine. Accordingly, the scope of claim 1 is ambiguous. Is claim 1 intended to be directed to the combination of a climbing crane and wind turbine, or simply to a climbing crane? Clarification is requested.
Regarding claim 2, the phrase “and/or” is recited, which renders the claim indefinite. In this regard, the Examiner suggests utilizing the Office’s preferred verbiage of “at least one of A or B” in lieu of “and/or”.
Regarding claim 5, the word “them” is recited. To what previously recited structure is this word referring?
Regarding claim 5, the term “the natural resultant frequency” lacks proper antecedent basis.
Regarding claim 6, the word “its” is recited. To what previously recited structure is this word referring?
Regarding claim 6, the term “the partially installed wind turbine” lacks proper antecedent basis.
Regarding claim 7, the terms “the corresponding vibration damping device” and “the frame” lack proper antecedent basis.
Regarding claim 9, the term “the corresponding vibration damping device” lacks proper antecedent basis.
Accordingly, the examined claims will be interpreted as best understood.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as anticipated by JP 4598547 B2 (cited by Applicant).
Regarding independent claim 1, as best understood, JP '547 describes a climbing crane for erecting a wind turbine, the wind turbine comprising a tower, a foundation to which the tower is fixed, and a nacelle arranged at the top of the tower comprising
at least a vibration damping device which is configured for damping at least a first vibration frequency of the erected tower when the climbing crane is coupled to the tower (see element 10 in figures, in particular element 13 and masses 29, as well as paragraphs 8, 10, 13, 14, 16, 18, 22, 28, 29 and 30, with reference to figures 4 and 5).
Regarding claim 2, wherein the vibration damping device comprises a tunned mass damper, the tunned mass damper comprising a mass and at least a spring and/or a dashpot element through which the mass is fixed to a frame of the climbing crane (see e.g., Figs. 4 and 5).
Regarding claim 3, wherein the vibration damping device comprises a pendulum tunned mass damper comprising a pendulum which end is fixed to a frame of the climbing crane (see e.g., Figs. 4 and 5).
Regarding claim 4, wherein the vibration damping device comprises a viscous damped pendulum which end is fixed to a frame of the climbing crane (see e.g., Figs. 4 and 5).
Regarding claim 5, comprising a plurality of vibration damping devices, the plurality of vibration damping devices, each one of them being configured for being activated or deactivated for adapting the natural resultant frequency of the plurality of vibration damping devices to at least the first vibration frequency of the erected tower (see e.g., Figs. 4 and 5).
Regarding claim 6, wherein the plurality of vibration damping devices are configured for being activated or deactivated for adapting its natural resultant frequency to the first vibration frequency of the partially installed wind turbine (see e.g., Figs. 4 and 5).
Regarding claim 7, which comprises locking means configurated for maintaining the corresponding vibration damping device fixed to the frame in an inactive condition (see e.g., Figs. 4 and 5).
Regarding claim 8, wherein the locking means are remotely operated locking means (see e.g., Figs. 4 and 5).
Regarding claim 9, wherein the corresponding vibration damping device is interchangeable (see e.g., Figs. 4 and 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY MINTZ whose telephone number is (571)270-7327. The examiner can normally be reached on M-Th 0730 - 1630 EDT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635